[Senate Report 105-384]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 702
105th Congress                                                   Report
                                 SENATE
 2d Session                                                     105-384
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                        WOODLAND LAKE PARK TRACT

                                _______
                                

 October 9, (legislative day, October 2), 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2413]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2413) to provide for the development of a 
management plan for the Woodland Lake Park tract in Apache-
Sitgreaves National Forest in the State of Arizona reflecting 
the current use of the tract as a public park, having 
considered the same, reports favorably thereon with amendments 
and an amendment to the title and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. Beginning on page 1, strike line 3 and all that follows through 
page 2, line 10, and insert the following:

``SECTION 1. WOODLAND LAKE PARK TRACT, APACHE-SITGREAVES NATIONAL 
                    FOREST, ARIZONA.

    ``(a) Prohibition of Conveyance.--The Secretary''
    2. On page 2, line 17, strike ``(c) Definition.--The terms'' and 
insert ``(b) Definition.--In this section, the terms''.
    Amend the title so as to read: ``A bill prohibiting the conveyance 
of Woodland Lake Park tract in Apache-Sitgreaves National Forest in the 
State of Arizona unless the conveyance is made to the town of Pinetop-
Lakeside or is authorized by Act of Congress''.

                         purpose of the measure

    The purpose of S. 2413, as ordered reported, is to prohibit 
the conveyance of Woodland Lake Park tract in the Apache-
Sitgreaves National Forest in the State of Arizona unless 
conveyance is made to the town of Pinetop-Lakeside or another 
entity pursuant to a subsequent Act of Congress.

                          background and need

    The Woodland Lake Park is an isolated parcel of National 
Forest system land surrounded by mostly residential and private 
lands as well as lands owned by the town of Pinetop-Lakeside. 
The Woodland Lake Park tract was designated a National Forest 
townsite in 1987. This designation provides an opportunity for 
the town to pursue acquisition of the parcel by purchase.
    A preliminary appraisal, completed for the town in the late 
1980's, estimated a value of $5.8 million for the entire 583 
acres. The Forest Service estimates that the current value 
could be more than $10 million.
    S. 2413 prohibits the conveyance of the tract unless 
conveyance is made to the town. This will provide the necessary 
time for the town to raise the needed funds in order to 
purchase the lands.

                          legislative history

    S. 2413 was introduced on July 31, 1998, by Senators McCain 
and Kyl. The Subcommittee on Forests and Public Land Management 
held a hearing on S. 2413 on October 1, 1998. At the business 
meeting on October 6, 1998, the Committee on Energy and Natural 
Resources ordered S. 2413, as amended, favorably reported.

            committee recommendation and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on October 6, 1998, by unanimous vote of a 
quorum present, recommends that the Senate pass S. 2413, if 
amended as described herein.

                           summary of s. 2413

    S. 2413 prohibits the Secretary of Agriculture from 
conveying the Woodland Lake Park tract to any entity other than 
the town of Pinetop-Lakeside.

                          committee amendment

    During consideration of S. 2413, the Committee adopted an 
amendment that deletes a provision directing the Forest Service 
to prepare a special management plan for the Woodland Lake Park 
tract. This provision was determined to be unnecessary because 
the Forest Service is already managing this tract primarily for 
recreational purposes pursuant to the forest plan.

                   cost and budgetary considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2413.
    The bill is not a regulatory measure in the sense of 
imposing Government established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little if any additional paperwork would result from the 
enactment of S. 2413.

                        executive communications

    The Committee on Energy and Natural Resources has requested 
executive comment from the Department of Agriculture and the 
Office of Management and Budget. These legislative reports were 
not available at the time this report was filed. When the 
requested reports become available, the Chairman will request 
that they be printed in the Congressional Record for the advice 
of the Senate. The testimony provided by the Forest Service at 
the October 1, 1998, Subcommittee hearing follows:

   Statement of Sandra H. Key, Associate Deputy Chief, Programs and 
         Legislation, Forest Service, Department of Agriculture

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to discuss the Forest Service's views on S. 
2413.


  s. 2413--woodland lake park tract, apache-sitgreaves national forest


    The Administration opposes S. 2413.
    S. 2413 provides for the development of a special 
management plan for the Woodland Lake Park tract in Apache-
Sitgreaves National Forest in Arizona to ensure the tract is 
managed by the Forest Service for recreational purposes 
consistent with the use of the tract as a public park.
    The Woodland Lake Park is an isolated parcel of National 
Forest System land surrounded by mostly residential, private 
lands and lands owned by the town of Pinetop-Lakeside. The 
Woodland Lake tract was designated a National Forest townsite 
in 1987. This designation provided an opportunity for the town 
to pursue acquisition of the parcel by purchase pursuant to the 
Townsite Act or by exchange. The Forest Service and the town 
share a common goal to convey these lands to the town or 
compatible private interests, and we have been actively 
pursuing this goal with the town for over a decade.
    Pinetop-Lakeside has had continued use of these lands 
through special use permits while they pursued acquisition. In 
the late 1980s, three special use permits were issued to 
authorize use of the entire 583-acre parcel during the 
acquisition process. One permit was issued to the Blue Ridge 
School District, and the other two were issued to the town of 
Pinetop-Lakeside.
    The permit issued to the school district is for the 40-acre 
Big Springs Environmental Area and this permit will expire in 
year 2000. The remaining town permit covers 73 acres for the 
recreational facilities at Woodland Lake Park and expires in 
2007. The 468-acre 10-year permit for undeveloped lands between 
Woodland Lake and Big Springs expired in December 1997.
    Since 1987, the town has been encouraged to take advantage 
of the opportunity to purchase the land under the Townsite Act. 
It has also been suggested that they involve private interests 
to assist them in acquiring a portion of this tract. The town 
has not pursued either option and has tried to get the lands 
conveyed to it at no cost. Whether through a Townsite Act 
purchase or a land exchange, the lands may only be conveyed for 
fair market value.
    The Federal Land Policy Management Act and other 
authorities prevent the Forest Service from disposing of lands 
at less than appraised values. These authorities are in place 
to ensure that taxpayers are fairly compensated from the sale 
or exchange of Federal assets. A preliminary appraisal, 
completed for the town in the late 1980's, estimated a value of 
$5.8 million for the entire 583 acres. We estimate the current 
value could be more than $10 million. We are willing to work 
with the town to sell them parcels of the tract as they produce 
the cash or land of equal value.
    S. 2413 would provide that the Apache-Sitgreaves National 
Forest prepare a special management plan within 6 months to 
ensure that the tract is managed by the Forest Service for 
recreational purposes consistent with the use of the tract as a 
public park. We do not believe this is necessary since the 
lands are already being managed by the Forest Service for 
primarily recreational purposes.
    The Administration would be glad to work with Senator Kyl 
and Senator McCain to reach an administrative resolution, or 
explore ways that the lands could be conveyed to the town for 
fair market value or land of equal value.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2413 as ordered 
reported.

                                
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